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Behm Law Group, Bankruptcy Attorneys

Bankruptcy News & Recent Cases

When and Why Your Plan Might Be Rejected for Chapter 13 Bankruptcy in Waseca, MN

June 30th, 2017 · No Comments

Bankruptcy is one of those things in life, like so many other legal processes, that’s easier said than done. It’s a complex process with many opportunities for misstep, yet little room for error. If you’re considering filing for bankruptcy with a high income and a desire to keep many of your assets, Chapter 13 is your best option. However, because the process is so nuanced, there are many ways things could go wrong. Behm Law Group, Ltd. provides the help you need to successfully file for Chapter 13 bankruptcy in Waseca, MN.

A major part of filing for Chapter 13 bankruptcy involves creating a repayment plan that your bankruptcy trustee will approve. This can be a difficult task, and without the help of a knowledgeable legal aide, your plan might be rejected for any number of reasons.

Plan Rejection

Your bankruptcy trustee will—in no uncertain circumstances—reject your Chapter 13 repayment plan if any of the following points are true to your situation:

  1. You don’t have a high enough income to continue meeting your monthly repayment installments.
  2. Your plan period isn’t the correct length to match your income. If your income is lower than the Minnesota median, you’ll have a three year plan. If your income is higher than the Minnesota median, you’ll have a five year plan.
  3. Your plan doesn’t include complete payments to debts you’re required to pay back, such as your priority debts.
  4. Your plan doesn’t include the dedication of all your disposable income to your unsecured creditors.
  5. Your plan doesn’t pass the Best Interest of Creditors test.
  6. Your plan isn’t considered in Good Faith by your trustee or the courts.
  7. You haven’t given all of the documents that decide your debt repayment requirements.
  8. You’ve missed payments on a previously-approved plan.

If your plan is rejected, you’ll have the opportunity to fix your errors and file again, or you can attempt to negotiate the reasons for rejection with your trustee. Of course, if you choose to work with the experienced bankruptcy attorneys at Behm Law Group, Ltd., it’s highly unlikely your plan will be rejected.

For more information about rejected plans and filing for Chapter 13 bankruptcy in Waseca, MN, contact us at (507) 387-7200 today.

Tags: Chapter 13 Bankruptcy ·


 

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